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Ordinance 1673ORDINANCE NO. 1673 AN ORDINANCE OF THE CITY O:F CUPERTINO, ADDING CHAPTER 2.18 TO THE CITY'S ORDINANCE CODE PROVIDING FOR THE ESTABLISHMENT, APPOINTMENT, POWERS, AND DUTIES OF THE CITY ATTORNEY THE CITY COUNCIL OF THE CITY OF CUPERTINO, CALIFORNIA, DOES ORDAIN AND ENACT THE FOLLOWING: 1. AMENDMENT' There is hereby added to the City's Ordinance Code, Chapter 2.18, to read as follows: Chapter 2.18 City At:torney Sections: 2.18.010 2.18.020 2.18.030 2.18.040 2.18.050 2.18.060 2.18.070 2.18.080 2.18.090 2.18.100 2.18.110 2.18.010 Office of City Attorne~~ Established Functions and Duties Council-Attorney Relations Attorney-Staff Relatiots Relations Between Attorneys Public Bond Acting City Attorney Agreements on Employment Assistants and EmployeE:s Eligibility and Individual Members of the Suspension - Removal - Resignation Office of the City Attorney Established (a) The Office of the City Attorney, as set forth in Government Code §36505, is established. The City Attorney shall be appointed by the City Council wriolly on the basis of his or her qualifications. The City Attorney shall hold office for and during the pleasure of the City Council.. (b) The Office of the City ~~ttorney shall consist of the City Attorney and such assistants as may be authorized by the Council. (c) The City Attorney shall administer the office, be responsible for the successful performance of its functions, and shall serve under the direct supez~vision and control of the council as its legal advisor. (d) The Council may retain or employ other attorneys, assistants, or special counsel a:~ may be needed to take charge of any litigation or legal matters or to assist the City Attorney therein. 2.18.020 Function and Duties The functions of the Office of the City Attorney shall be to: (a) Advise the Council and all City officers in all matters pertaining to their offices; (b) Furnish legal services at all meetings of the Council, except when excused or disabled, ~~nd give advice or opinions on the legality of all matters under consideration by the Council or by any of the boards, commissions, c:ommittees or officers; (c) Prepare and/or approve all ordinances, _resolutions, agreements, contracts, and other:- legal instruments as shall ~be required for the proper conduct of the business of the City and approve the form of all contract:, agreements, and bonds given to the City; (d) Provide the necessary legal services required in connection with the acquisition of land or easements on behalf of the City; (e) Subject to the general direction of the Council, prosecute and defend the City, and all boards, officers and employees in their official ca~~acities, all civil proceedings before judicial and quasi-judicial tribunals. The City Attorney shall not compromise, settle or dismiss any action for or against the City without permission of t:he City Council. Nor shall the City Attorney commence any civil action without the permission of the Council. (f) Prosecute all violations of City Ordinance; provided, however, that the City Attorney is not required to prosecute any misdemeanor or infraction within the City arising out of a violation of State law. 2.18.030 Council-Attorney Relat~~ons Individual Councilmembers may seek and obtain legal advice from the City Attorney on any matter or matters pertaining to the legal position of the City. Any such advice given to individual Councilmembers, however, may be repeated to the entire Council at any regular or special Council meeting. With respect to advice to individual Councilmembers reg2~rding potential conflicts of interest, the City Attorney may mender informal advice; provided, however, that it is understood that a Councilmember is auto- matically protected from potential liability for conflict of _, ~. interest only upon taking acti~~n which conforms to a written opinion issued by the California Fair Political Practices Commission. 2.18.040 Attorney-Staff Relations At the beginning of each fiscal year, the City Attorney and City Manager shall meet and confer in good faith regarding the allocation of the City Attorney's time among City departments. Any department exceeding its allocated time during the fiscal year must obtain the City Manager's writtEan approval for additional time. The City Attorney and City Manager shall meet and confer on a regular basis for the purpose of adjusting time allocations among departments. 2.18.050 Relations Between Attorney and Individual Members of the Public Consistent with the functions and duties of the City Attorney's office described in Section 2.18.020, the City Attorney or the Assistant City Attorney ma;~, but is not required, to meet or discuss any matter with individL~al members of the public, legal counsel, or the media. 2.18.060 Bond The City Attorney shall furnish a corporate surety bond to be determined and approved by the City council, and shall be conditioned upon the faithful pE:rformance of the duties imposed upon the City Attorney as herein :prescribed. Any premium for such bond shall. be a proper charge ag~~inst the City. 2.18.070 Acting City Attorney (a) The Assistant City Attorney shall serve as City Attorney pro tempore during any temporary absence or disability of the City Attorney. (b) In the event there is no Assistant City Attorney, the Council shall appoint a qualified attorney to act as City Attorney pro tempore. 2.18.080 Agreements on Employment The terms and conditions of employment of the City Attorney shall be established by ordinance or resolution of the City Council. 2.18.090 Assistants and EmployeE~s Notwithstanding the provis:~on of Section 2.52.100 of the Municipal Code, but subject to tYie other applicable provisions of Chapter 2.52, the City Attorne~~ shall appoint, discipline and remove all assistants, deputies, and employees under his or her authority. 2.18.100 Eligibilit No person elected or appointed as a Councilperson of the City shall, subsequent to taking office as Councilperson, be eligible for appointment as City Attorney until one year has elapsed after the Councilmember has ceased to lie a member of the City Council. 2.18.110 Suspension - Removal - Resignation (a) The removal of the City Attorney shall be only on a majority vote of the entire City Council. A resolution of intention to remove the City Attorney shall first be passed at any regular or special meeting of the Council. The resolution shall specify the reason or reasons for the removal and state whether the City Attorney is to be suspended from his duties upon passage of the resolution. It shall also state a date and time for a hearing at a regular or special meeting of the Council to be held at the usual meeting place of the Council. The hearing date shall be no less than two weeks nor more than four weeks from the date of passage of the resolution. Within one week after passage of the resolution, a copy thereof shall either be served personally upon the City Attorney or sent to him or her by registered mail, receipt requested, at his last known addr~ass. The hearing shall be open to the public if the City Attorney so requests in writing by notifying the City Clerk at least five da}~s prior to the date set for the hearing. (b) At the time set for the hearing, the City Attorney shall have an opportunity to answer the reason or reasons given of his or her removal. Nothing herein cont~~ined, however, shall be construed to require the Council or any oi: its members to substantiate or prove the reason or reasons for said removal as a condition of the removal, it being the intention of the Council that the City Attorney shall hold office only at the discretion of the Council and may be removed at any time by following its procedure set forth in this section. At the hearing, the Council shall take final action on the resolution, either i~o carry out his or her removal or to retain him or her. If the: action is to remove the City Attorney, his or her removal shall be effective until at least two weeks have expired from the date of the hearing. Failure of the City Council to adopt a motion oz' resolution for removal shall be deemed a rescission of the resolution of intention. (c) The City Attorney shall be entitled to receive his or her regular compensation during the ~~eriod between the passage of the resolution and the effective datE~ of his or her removal. (d) The City Attorney may resign from his or her position upon at least four weeks' written notice given to the City Council. 2. PUBLICATION CLAUSE The City Clerk shall cause this ordinance to be published at least once in a newspaper of gE~neral circulation published and 4: circulated in_ the City within. 15 days after its adoption, in accordance with Government Code Section 36933, shall certify to the adoption of this ordinance and shall cause this ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Cou:zcil of the City of Cupertino. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 7th, day of November 1994, and ENACTED at a regular meeting of the City CoLincil of the City of Cupertino this 21st day of November 1994, ~~y the following vote: Vote Members of the City Council AYES: Bautista, Burnett, Koppel, Sorensen, Dean NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Wally Dean Mayor, City of Cupertino ATTEST: /s/ Kim Marie Smith City Clerk 5